In re Fleming
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Mary Alice Almont Fleming, from an order of the Supreme Court, made at the New York Special Term on the 26th day of March, 1896, and entered in the office of the clerk of the county of New York, denying the petitioner’s motion for an order confirming the report of a referee and disregarding or overruling the opinion of the referee and denying her application Tor an order directing the chamberlain of the city of New York to pay her a certain sum of…
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Appeal by the petitioner, Mary Alice Almont Fleming, from an order of the Supreme Court, made at the New York Special Term on the 26th day of March, 1896, and entered in the office of the clerk of the county of New York, denying the petitioner’s motion for an order confirming the report of a referee and disregarding or overruling the opinion of the referee and denying her application Tor an order directing the chamberlain of the city of New York to pay her a certain sum of money deposited with him to the credit of a certain action in partition, together with the accumulations thereof, except…
1Opinion of the Court
Barrett, J.:
By the provisions of a decree in partition made by this court in May, 1870, certain moneys (part of the proceeds of a sale under the decree) were deposited with the chamberlain of the city of New York, with a direction that such moneys should be paid to the petitioner (who was then an infant) upon the death of her mother. The petitioner’s mother died in August, of last year, and thereupon the petitioner applied to the chamberlain for the moneys, but that officer declined to make the payment without an order of the court. Whereupon this proceeding was instituted. The only ground…
2Cases cited1 opinion
- Ellerson v. . WestcottNew York Court of Appeals · 1896
3Cited by9 opinions
- Van Alstyne v. TuffyNew York Supreme Court · 1918
- In re the Accounting of StanleyNew York Surrogate's Court · 1945
- In re the Judicial Settlement of the Account of WolfNew York Surrogate's Court · 1914
- People ex rel. Patrick v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1902
- In re RiceAppellate Division of the Supreme Court of the State of New York · 1903
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